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Статті в журналах з теми "Labor disputes"

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Əlitahir oğlu Xammədov, Elxan. "Procedure for out-of-court resolution of individual labor disputes." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 280–84. http://dx.doi.org/10.36719/2663-4619/65/280-284.

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The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes
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Kukhniuk, Dmytro, and Svitlana Zapara. "LEGAL NATURE AND PROCEDURE OF SETTLEMENT OF COLLECTIVE LABOR DISPUTES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 125 (2023): 54–58. http://dx.doi.org/10.17721/1728-2195/2023/1.125-10.

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Анотація:
The purpose of the study is a comprehensive analysis of current theoretical and practical problems related to the nature of legal disputes in the field of collective labor dispute resolution in Ukraine and the development of a modern approach to the procedure for resolving such disputes. The task of this article is based on the research of issues related to the establishment of a legal relationship between the definition of "legal dispute" and the concept of "collective labor dispute"; analysis in this connection that is of the nature of collective labor disputes; elucidation of the peculiarities of "pre-trial" and "out-of-court" settlement of a collective labor dispute"; judicial review of collective labor disputes; expression of a position regarding the understanding of the nature and procedure for resolving collective labor disputes. During the conducted research based on a synergistic approach of methodological interaction, theoretical methods of systematic analysis of the main definitions related to the subject of the article, explanation of the position of the authors of the publication taking into account the comparison of national and foreign practice of resolving labor conflicts and empirical methods, in particular, observation, as well as the description of issues were used being covered by the purpose of publication. Results. Thus, according to the authors, collective labor disputes have characteristics of both "dispute about rights" and "dispute about interests". A conciliation and arbitration procedure is used for the disputes, the legal mechanism of which is defined by a special legislative act - the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)", that, being part of the legislation of Ukraine, corresponds to international legal acts. "Disputes of interest" are resolved through conciliation procedures, which, in our opinion, should not be subject to the jurisdiction of the courts. Such disputes should be resolved out of court. Part of collective labor disputes, which include requirements for the implementation of a collective agreement, contact, or individual provisions thereof, or non-fulfillment of the requirements of labor legislation (sub-para."c" and "d" of Article 2 of the Law of Ukraine "On the procedure for resolving collective labor disputes (conflicts)") are "disputes about rights", identified with the concept of "legal dispute". Courts have jurisdiction over such disputes. Conclusions. In addition to the legally defined cases of direct appeal to the court, collective labor "disputes about the right" that have the characteristics of a legal dispute, are subject to a mandatory pre-trial dispute settlement procedure. According to the practice of the ECHR, the conciliation and arbitration procedure for resolving collective labor disputes does not indicate a limitation of access to justice. The right of access to a court is not absolute. It can be regulated by national procedures to ensure the effectiveness of the administration of justice
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Lakićević, Snežana, Jelena Matijašević, and Marija Jakovljević. "THE SIGNIFICANCE OF THE LAW ON AMICABLE RESOLUTION OF LABOR DISPUTES AND THE REVIEW OF THE PRACTICE THUS FAR." KULTURA POLISA 21, no. 1 (April 24, 2024): 242–65. http://dx.doi.org/10.51738/kpolisa2024.21.1r.242lmj.

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During the work process, numerous instances of dispute regarding the positions of the employees, or the interpersonal relations between them or between them and their employer may arise. In addition to the traditional judicial method of labor dispute resolution, it is necessary to develop independent and impartial negotiation mechanisms between the parties in the area of individual and collective labor disputes. In Serbia, these are certainly the arbitration settlement of individual and collective labor disputes, and conciliation as a method of resolving collective labor disputes within and through the Republic Agency for Peaceful Settlement of Labor Disputes. There are many benefits to peaceful labor dispute settlement. The goal of supplementary procedures, i.e. procedures for peaceful labor dispute resolution, is to relieve the traditional judicial approach and direct it to the procedures where a judicial settlement of the dispute is truly necessary. Besides the concept, advantages and characteristics of the amicable labor dispute settlement procedures, certain types of these procedures such as mediation, conciliation and arbitration are also analyzed in the theoretical section of this paper, as well as the most important provisions of the Employment Act and the Law on Amicable Resolution of Labor Disputes. In the research section of this paper, the practice of the Republic Agency for Peaceful Settlement of Labor Disputes in the procedures of amicable labor dispute settlement, both for the territory of the Republic of Serbia and the territory of the City of Novi Sad, is analyzed. The primary research data source was the official data of the Republic Agency for Peaceful Settlement of Labor Disputes. The paper is methodologically based on a theoretical analysis of relevant contemporary theoretical views, a normative analysis of legislative sources, and a quantitative analysis of statistical indicators in the domain of the research subject.
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Liu, Jia, Ying Yang, Bao-Yao Xiao, Zhi-Tao Huang, Xiao-Hui Nie, Wen-Jie Liu, and Shih-Feng Chang. "Taking AI Neural Network to Analyze Labor Rights and Labor Disputes." E3S Web of Conferences 290 (2021): 02028. http://dx.doi.org/10.1051/e3sconf/202129002028.

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Exploring labor rights on the cognition of relationship with labor dispute is not only from the direct role of workers and HR, but also from the fight for labor rights of college students. However, many labor disputes in labor process are mainly related to labor rights. Therefore, we explore the relationship between labor rights and labor disputes, use neural network analysis and questionnaire survey method, and execute AI combining with big data analysis tools to collect first-hand data from two aspects of college students, workers in the industry, HR and labor dispatch personnel. Finally, the results show that: (1) there is a negative correlation between social security and labor disputes; (2) there is a negative correlation between labor safety and labor disputes; (3) there is a negative correlation between wages and labor disputes; (4) there is a negative correlation between labor contract signing and labor disputes; (5) there is a positive correlation between rights awareness and labor disputes.
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Terekh, O. "ALTERNATIVE WAYS TO RESOLVE LABOUR DISPUTES: PRACTICE OF UKRAINE AND THE EU." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 61–66. http://dx.doi.org/10.17721/1728-2195/2020/2.113-12.

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This article explores alternative ways of resolving labour disputes through the analysis of relevant regulations of Ukraine and the Member States of the European Union, in particular, France, Bulgaria and Poland, and compares the relevant regulations in this area by contrasting the provisions of domestic and foreign legislation. The purpose of the article is to explore the ways to alternatively resolve labour disputes by analyzing the relevant legal doctrine and provisions of domestic and European law, to identify the advantages and disadvantages of such methods as mediation, conciliation, arbitration, to suggest ways to improve existing legislation. It is noted that the lack of proper legal regulation of alternative dispute resolution today is not the only. Thus, it emphasizes the need to train personnel who could perform the functions of mediators in labour disputes, as well as the need to conduct a comprehensive information policy to inform the public about the benefits of alternative dispute resolution as opposed to litigation, to which the author, in particular, relates the speed, efficiency and focus on maintaining labour relations. In addition, consideration is given to the feasibility of introducing mandatory pre-trial procedures for the settlement of labour disputes. The results of the study can be used for further research in the study of alternative ways of resolving labour disputes, and the formulated proposals can be used to improve existing legislation in the field of labour disputes. Keywords: a labor conflict, mediation, conciliation, arbitration courts, arbitration, a labor dispute commission.
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Zhernakov, Volodymyr. "Conflicts and disputes in the field of labor: essence and interaction." Law and innovations, no. 2 (38) (June 24, 2022): 49–56. http://dx.doi.org/10.37772/2518-1718-2022-2(38)-6.

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Анотація:
Problem setting. The perception of conflicts and disputes in the field of labor should not be limited to the concepts inherent in the consideration of collective labor disputes, and the research base cannot be only the sources of labor law. For a deeper understanding of the nature and essence of conflicts and disputes one should operate in the categories of philosophy, conflictology, and general theory of law. Target of research is the substantiation of the concept of broad scope and deep content of the categories “conflict” and “labor dispute” and the impossibility of limiting them to the mechanism of collective labor disputes. Analysis of recent researches and publications. Problems of legal regulation of conflicts and disputes in the field of labor have been studied in recent years by L. Yerofeenko, S. Yerokhin, V. Kushik, I. Lykholat, J. Lyubchenko, V. Mamay, G. Rybnytsky, N. Uvarova and other scientists. Mostly they considered the mechanism of collective labor disputes, and some of them even made a comparative analysis of the categories of collective labor dispute and “collective labor conflict”. Meanwhile, the nature of conflicts in the field of labor, the relationship between conflicts and individual labor disputes have been ignored. Article’s main body. The main idea of the article is that the categories of “conflict” and “labor dispute” in the field of labor have a deep meaning and a wide scope. Conflicts in the field of labor have not only a psychological basis as irreconcilable differences and sharp confrontation. They are based on natural principles based on the age-old conflict between labor and capital. Labor disputes are not differences between the parties to social and labor relations, but a complex organizational and legal mechanism. Conflicts and disputes in the field of labor have different dimensions in time and in essence. Conflict may be present at the stage of forming the demands of the employee (labor collective), and it does not necessarily end with the end of the strike or the decision of national courts or the European Court of Human Rights. The erroneous assertion that the court decision is considered executed after the issuance of an order to reinstate the employee at work is emphasized. Since the psychological component of the conflict continues after the end of the labor dispute, the employer is not always ready to fully implement the decision of the body to consider the labor dispute. The decision to reinstate the employee should be considered executed from the date of his actual admission to work, which consists in granting the rights and obligations in full until dismissal. The role of the state in preventing and resolving collective labor disputes (conflicts) is determined by economic and socio-legal factors, including maintaining constructive cooperation in the field of labor as an important component of public life, preventing economic losses, maintaining harmony in labor collectives. Proposals for improving labor legislation have been formed. In particular, the need to introduce in the new Labor Code a person’s waiver of an employment contract as an organizational and legal means of protecting the rights and interests protected by law is substantiated. Conclusions and prospects for the development. Conflicts and disputes in the field of labor are not limited to the mechanism of collective labor disputes. Conflicts in the field of labor are objectively conditioned by the general conflict between labor and capital. If a labor dispute can be resolved through court and arbitration, then the conflict needs to be resolved through concessions and compromises and is exhausted by complete reconciliation. The state plays a significant role in the prevention and resolution of collective labor disputes (conflicts), as it is interested in economic stability, the establishment of harmony between the subjects of labor relations. Legal regulation of conflicts and disputes needs to be qualitatively improved.
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Mazurenko, Olena. "FORMS AND PROTECTION METHODS OF LABOR RIGHTS OF EMPLOYEES ON LEGISLATION OF UKRAINE." Law Journal of Donbass 74, no. 1 (2021): 36–42. http://dx.doi.org/10.32366/2523-4269-2021-74-1-36-42.

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The article is devoted to the research of forms and protection methods of labor rights and legitimate interests of employees. There is emphasized that the activities of state authorities to protect labor rights and legitimate interests of employees are carried out in statutory forms of activity, where the judicial form of protection is the most effective and complete regarding the legal possibilities of deciding on the case in all its aspects and with the possibility of using the state coercion in case of non-compliance with the court decision. The court as a body that protects the labor rights of the employee is endowed with broad powers to choose the means of protection of labor rights in accordance with the provisions of Article 16 of the Civil Code of Ukraine. Considering the labor disputes on the rules of civil procedure, the court considers not only the labor dispute essentially and resolves the issue of restoration of the violated or disputed subjective labor law, but also resolves the property component of the dispute about the payment, partial payment or non-payment of the claim. Other bodies except court are not endowed with such competence. It is challenged the view that an employee's self-defence of his or her subjective employment right is effective only in cases where the employer does not intend to violate the employee's employment rights. It is emphasized that till today, labor law does not use a mediation that is quite capable to help to resolve a number of labor disputes and conflicts. The mediation can be useful for resolving both collective and individual labor disputes. Its main advantage as a form of protection of labor rights and legitimate interests is the efficiency and speed of resolving the case essentially. The participation of the mediator, as a disinterested party in resolving the dispute, allows the parties to the dispute to understand the situation and voluntarily work out a way out of the dispute, while the parties can make concessions to each other to speed up the case solution. However, till now in Ukraine there is no legal regulation of mediation, and this properly slows down the spread of this form of protection in the field of labor disputes (conflicts).
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Jumiati, Agatha, Waluyo S Pradoto, and Hanindito B R. "Implementasi UU Nomor 2 Tahun 2004 dalam Menyelesaikan Perselisihan Hubungan Industrial." Mitra Abdimas: Jurnal Pengabdian kepada Masyarakat 1, no. 2 (January 13, 2022): 58–64. http://dx.doi.org/10.57251/mabdimas.v1i2.195.

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In a work environment or company where disputes are unavoidable. Disputes that occur within the company are known as labor disputes or industrial relations disputes. A labor dispute is a conflict between an employer or an association of employers and a labor union or a combination of labor unions in connection with the absence of a conflicting understanding of the working relationship, working conditions and/or labor conditions. Law Number 2 of 2004 has provided stipulations on measures that can be taken to resolve industrial relations disputes through bipartite negotiations, mediation, conciliation, arbitration and through proceedings at the Industrial Relations Court.
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Otovchyts, S. L. "Current issues of labour dispute resolution through mediation." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 318–22. http://dx.doi.org/10.24144/2788-6018.2024.02.55.

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The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine "On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 "Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV "Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of "labor dispute” by defining mediation as an alternative way of its resolution, since in fact a "labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a "labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of "mediation" and to harmonize the provisions of the Law of Ukraine "On Mediation" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.
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Bocharova, Irina, and Alexander Rymanov. "Prevention and Resolution of Labor Disputes." International Journal of Service Science, Management, Engineering, and Technology 13, no. 1 (January 2022): 1–13. http://dx.doi.org/10.4018/ijssmet.295559.

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The study covers preventive dispute resolution methods in industrial relations, as well as empirical testing of hypotheses regarding labor disputes in Russia. The hypothesis regarding the impact of the number of laid-off employees at the initiative of the employee on the number of labor lawsuits to reinstate employment filed is not supported. The hypothesis regarding the impact of the number of laid-off employees due to staff reduction on the number of Russian labor lawsuits to reinstate employment filed is supported. The largest number of disputes settled via mediation in Russia is labor wage disputes. The number of Russian labor disputes settled via mediation is still a small proportion of the total number of terminated labor disputes.
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Дисертації з теми "Labor disputes"

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Koorapetse, Michael Moemedi Sean. "A comparison of the Botswana and South African labour dispute: resolution systems." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/d1010556.

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The purpose of this study was to compare the dispute resolution systems of Botswana and South Africa. As far as the South Africa dispute resolution system is concerned extensive literature on the system was carried out to describe its functioning. As for the Botswana dispute resolution system there was not much written about it in the literature, so in order to find out more about this system semi-structured interviews with labour relations experts which include mediators, arbitrators, lecturers, labour lawyers, trade unionists, employers and government officials held. The framework of comparison was developed to compare the elements of dispute resolution systems against each other and secondly to compare each system against the criteria of performance to the system. The two labour relations systems were compared in terms of elements of the system and the performance of the two systems. In the comparisons of the elements of the systems it was found out that in both systems the nature of disputes was collective and individual disputes both of which can be referred to the initial process of mediation or conciliation. However, in Botswana collective disputes can only be referred to arbitration if they remain unresolved in mediation while in South Africa only collective disputes on essential services go to arbitration while others lead to a strike or lockout if unresolved at conciliation. As for coverage both systems have incorporated public service sector employees in the systems after being excluded from the system for a very long time. The only difference is that in Botswana the Police force is not included while in South Africa they are included in the system. Differences in the avenues of disputes in the two countries were noted, in Botswana the rights/individual disputes go to either arbitration or Industrial Court if unresolved at mediation, inter-est/collective disputes can only go to arbitration while in South Africa the route of disputes is specified in the legislation. As for the human resources of the two countries it was found that the South African system has more qualified, trained and sufficiently experienced staff than the Botswana system. As for the processes it was found that for South Africa the initial process is conciliation while in Botswana it is mediation but these two processes were similar in many ways, from mediation/conciliation the next step in both systems is arbitration and just like the conciliation/mediation, arbitration in both countries was found to be similar except that in South Africa it is a public hearing. The two systems were also compared in terms of their performances and the research has established that between the two systems the South African system proved to be more superior on three of the criteria; efficiency, accessibility and legitimacy than the Botswana system. Therefore, the research proposes a number of recommendations for Botswana to implement namely; establishment of a legislated mixed process of mediation-arbitration, making the dispute resolution system independent from government, recruitment of high qualified and experienced staff for mediation and arbitration, accreditation to private agencies, effective case management system and proper routing of disputes.
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Kang, Yi. "Institutions, consciousness, and tactics : workers' legal mobilization in labor dispute resolution in Shanghai." HKBU Institutional Repository, 2005. http://repository.hkbu.edu.hk/etd_ra/634.

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Steiner, Jochen. "Mediation of employment disputes : a legal assessment." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0027/MQ50965.pdf.

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4

Luong, Suzen. "Is arbitration an effective method to resolve employment disputes?" access full-text access abstract and table of contents, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b23454416a.pdf.

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Chan, Wing-chiu Andy. "A study on the relationship between the outbreak of industrial conflicts and the management characteristics in industrial relations of Hong Kong's major manufacturing industries /." Hong Kong : [University of Hong Kong], 1987. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12335198.

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Gotkin, Joshua Abraham. "The legislated adjustment of labor disputes: An empirical analysis, 1880-1894." Diss., The University of Arizona, 1995. http://hdl.handle.net/10150/187207.

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The Federal government's involvement in railroad labor disputes was one of the earliest examples of government intervention in the economy. Initially, when the economy was crippled by railroad strikes in the late nineteenth century, the government stepped in and crushed them with troops and injunctions. The Federal government's other approach was legislative, beginning with the passage of the Arbitration Act of 1888. As the first piece of Federal arbitration legislation, it had a significant impact on the development of subsequent labor legislation, such as the Railway Labor Act of 1926 and the National Labor Relations Act in 1935. Several methods are used to assess the impact and importance of the Arbitration Act. First, the political economy of the Arbitration Act is examined. Railroad owners opposed this legislation, fearing it would hinder their ability to hire, fire, and deal with striking workers. Organized labor favored arbitration, viewing such government intervention as providing a mandate that would compel, even force, employers to recognize unions. The ability of these constituent groups to influence their elected representatives is quantitatively tested using a simple model of legislative choice. The Arbitration Act was viewed as harmless, and even useless, by many Congressmen. Whether this legislation was effective is an important investigation. Two approaches are used to assess the impact of the legislation. The first uses a monthly index of railroad stocks to investigate how the expected future profitability of railroad firms was affected. The price of railroad stocks fell, which implies that the legislation was expected to reduce future profits. Investors felt that this legislation did not serve the best interests of railroad capital. The second approach examines how the passage of arbitration legislation affected strike frequency and duration. The analysis of the impact of the Arbitration Act confirms that the mere presence of arbitration procedures can lead to an increase in strike activity. Evidently, the relative costs of railroad strikes were lowered, thus increasing strike activity. The imposition of legislated bargaining procedures can produce unexpected results, as illustrated by the Arbitration Act's effect on railroad strikes.
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Lee, Fung-ping. "Arbitration in employment in Hong Kong with a survey of human resources professionals attitude /." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833775a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2005.
Title from title screen (viewed 27 Mar. 2006). "A thesis submitted in partial fulfillment of the requirement for the degree Master of arts in arbitration and dispute resolution." Includes bibliographical references.
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Lo, Suet-ching Sharon. "A study of the conflict resolution mechanisms for labour disputes in Hong Kong." Hong Kong : University of Hong Kong, 2001. http://sunzi.lib.hku.hk:8888/cgi-bin/hkuto%5Ftoc%5Fpdf?B23294899.

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Shimada, Stephen. "EU-US airplane subsidy disputes : Airbus vs. Boeing." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/54056/.

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The core issues of this thesis are the EU-US airplane subsidy disputes, which are market-share driven, political-economic conflicts of interest, arising from the duopoly competition between Airbus and Boeing in the fourteen-year period from 1997 to 2011. The Airbus vs. Boeing dispute case is characterized by the complexity of the dispute - the largest ever to go before the World Trade Organization (WTO) in Geneva. The thesis focuses on government subsidy disputes between two big political and economic powers – the EU and the US – through an in-depth analysis of both sides of the arguments. With duopoly in the large commercial airplane industry, new insight can be gained through better understanding of potential net welfare gain or loss from having two competitive manufacturers competing against each other in a free marketplace. The legal issues are the core narratives of this thesis. Use of the case study enables us to better understand how these two corporate players, markets, and government policies make the difference in terms of economic outcomes. Hence, it is an effective means of addressing key problems in the real world of the large commercial airplane industry. The value added of this thesis comes from the contribution to scholarly research and practice by placing the Airbus vs. Boeing case study at the core of its political-economic debate on government subsidy issues. Therefore, the main theoretical framework of this study is state-business relationships, which explore different approaches in the EU and the US while recognizing that there are some differences between EU member states of Airbus. The study explains how the Airbus vs. Boeing case will be used, - and how it will be located within the wider theoretical and disciplinary perspectives of statebusiness relationships, based on the concepts developed by Susan Strange with some reference to the ‘varieties of capitalism’ debate by Peter Hall and David Soskice. The political-economic differences across the states are captured by the concepts advanced in the ‘varieties of capitalism’ debate, while both the statebusiness relationships and the ‘varieties of capitalism’ approach were used to understand the individual corporate variations of Airbus and Being’s different business models. This study also investigates the political-economic implications of European competition policy, and the politics associated with it. The core of the subsidy dispute is about the relationship between the state and business in the context of the world trading system. The World Trade Organization (WTO) plays a critically important role by offering a dispute settlement mechanism - specifically as to what kind, and how much, aid a state can legally give to a business enterprise.
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Vesneske, Staci S. "School districts, labor conflicts, and framing processes : an ethnographic study." Online access for everyone, 2007. http://www.dissertations.wsu.edu/Dissertations/Spring2007/s_vesneske_043007.pdf.

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Книги з теми "Labor disputes"

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E, Carbonneau Thomas, McConnaughay Philip J, Stryker Crystal L, and American Arbitration Association, eds. Handbook on labor arbitration. Huntington, N.Y: JuriNet LLC, 2007.

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2

Organization, Asian Productivity, and APO Top Forum on Labour-Management Cooperation (5th : 1996 : Osaka, Japan), eds. Labour-management cooperation: From labor disputes to cooperation. Tokyo: Asian Productivity Organization, 1996.

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3

Moulder, Evelina R. Resolving labor-management disputes: Public safety. Washington, DC: International City/County Management Association, 2000.

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4

Vietnam. Quy định pháp luật về đình công và giải quyết tranh chấp lao động. Hà Nội: Nhà xuất bản Chính trị quốc gia, 2008.

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5

Briscoe, Andrew. Review of the procedures for the resolution of industrial disputes in Botswana. [Gaborone: s.n, 1997.

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6

Vietnam. Quy định pháp luật về đình công và giải quyết tranh chấp lao động. Hà Nội: Nhà xuất bản Chính trị quốc gia, 2008.

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7

Skulimowska, Barbara. Tryb i procedury rozwiązywania zatargów zbiorowych w Polsce na tle porównawczym. Warszawa: Instytut Pracy i Spraw Socjalnych, 1992.

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8

Tokiso Dispute Settlement (Pty) Ltd, ed. The dispute resolution digest 2011. Cape Town: Juta, 2011.

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9

1946-, Green Eric D., and Sander Frank E. A, eds. Dispute resolution. Boston: Little, Brown, 1985.

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10

Bužinskas, Gintautas. DARBO GINČAI: TEORIJA IR PRAKTIKA : Mongrafija. Vilnius: VALSTYBĖ ĮMONĖ REGISTRŲ CENTRAS, 2010.

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Частини книг з теми "Labor disputes"

1

Perkušić, Trpimir. "Possibility of Resolving Individual Labor Disputes in Croatian Law by Arbitration." In Cofola International 2021, 456–81. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-8639-2021-18.

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Given the specificity of labor relations, and thus disputes that may arise from these relations, there are several ways to resolve them. Besides the regular procedure before the competent national court, i.e., court proceeding, there is also a possibility of out-of-court or an alternative dispute resolution. The paper analyzes arbitration as one of the alternative ways of resolving individual labor disputes and, given the different points of view of case law and legal doctrine, especially the arbitrability of these labor disputes. As the norms that regulate the possibility of resolving individual labor disputes are in-conclusive and inconsistent in relation to the general rules on arbitration, they do not explicitly answer the question whether the disputes are arbitrable, nor do they clearly define the preconditions for in-terpreting the arbitrability of these disputes according to general arbitration rules. In this sense, the paper analyzes the answers to these open questions, and offers solutions de lege ferenda in terms of arbitrability of individual labor disputes in Croatian law.
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2

Nielsen, Arthur C. "Domestic Problems and Division-of-Labor Disputes." In Integrative Couple Therapy in Action, 110–18. New York: Routledge, 2022. http://dx.doi.org/10.4324/b22905-14.

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Gordner, Matt. "Unearthing land and labor disputes in Tunisia." In The Economics of Empire, 141–63. Abingdon, Oxon; New York, NY: Routledge, 2021. | Series: Postcolonial politics: Routledge, 2020. http://dx.doi.org/10.4324/9780367853570-8.

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4

Yuan, Ling, Yanhong Tu, and Leilei Zhang. "Xin (Trust) in the Context of Labor Disputes." In The Chinese Management Book-of-Readings Series, 111–24. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-7772-2_7.

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Zhao, Jian, Hualei Zhang, and Yunfei Xu. "Legal Analysis of Labor Relations Disputes on Internet Platform." In Proceedings of the 2023 9th International Conference on Humanities and Social Science Research (ICHSSR 2023), 451–56. Paris: Atlantis Press SARL, 2023. http://dx.doi.org/10.2991/978-2-38476-092-3_57.

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Benites Polo, Kassandra, and Julia Otilia Sagástegui Cruz. "Administrative Management and Labor Disputes in the Municipality of Cochorco." In Communications in Computer and Information Science, 381–90. Cham: Springer Nature Switzerland, 2023. http://dx.doi.org/10.1007/978-3-031-24978-5_33.

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Nho, Yong-Jin. "Analysis of the Functional Level of Labor Relations: Focusing on Wage and Collective Bargaining and Labor Disputes." In Employment Relations in South Korea, 115–35. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137428080_7.

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Lutz, Brenda J., and James M. Lutz. "From the Civil War to World War I: Racism, Labor Disputes, and Anarchism." In Terrorism in America, 55–76. New York: Palgrave Macmillan US, 2007. http://dx.doi.org/10.1057/9780230608931_4.

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Steila, Daniela. "Il ‘machismo’ russo: il caso di A.V. Lunačarskij." In Biblioteca di Studi Slavistici, 337–45. Florence: Firenze University Press, 2019. http://dx.doi.org/10.36253/978-88-6453-910-2.36.

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Empirio-criticism had a huge impact in Russia, where the works of Ernst Mach and Richard Avenarius works were avidly translated and discussed, while the question of whether or not their ideas could be combined with Marxism provoked many disputes within the Russian Social Democratic Labor Party or RSDRP (Rossijskaja social-demokratičeskaja rabočaja partija). Anatolij Lunačarskij, who attended Avenarius’s classes and seminars in Zurich, particularly appreciated the opportunity to blend critical evaluation, emotion, and objective knowledge. In this period prior to the Revolution, Lunačarskij developed a sort of ‘religious’ Marxism, full of hope and enthusiasm for a final human conquest of nature, views that he continued to hold into Soviet times.
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Burchill, Frank. "Settling Disputes." In Labour Relations, 101–14. London: Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-30700-2_9.

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Тези доповідей конференцій з теми "Labor disputes"

1

Alexandrov, Andrey. "ON THE CORRELATION BETWEEN THE OUT-OF-COURT MECHANISMS FOR RESOLVING COLLECTIVE LABOR DISPUTES UNDER THE SETTLEMENT OF COLLECTIVE LABOR DISPUTES ACT AND THE MEDIATION." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2022. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/mdps2022.11.

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The study draws a parallel between out-of-court mechanisms for resolving collective labor disputes regulated by the Settlement of Collective Labor Disputes Act and the mediation. Based on the outlined similarities between them, the thesis is argued that there are two parallel and overlapping mechanisms for settling these disputes. Therefore, there is an obvious need for the special Settlement of Collective Labor Disputes Act to clearly define which disputes can be resolved through the methods provided for in it, in particular labor arbitration, as well as to normatively determine the correlation between the procedures under the Settlement of Collective Labor Disputes Act and the Mediation Act. It is logical for legal entities and individuals to distrust the use of alternative dispute resolution mechanisms if they do not give them certainty that they will achieve a result like the judicial one.
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YUshkina, T. V. "Features and procedure for resolving collective labor disputes." In SCIENCE OF RUSSIA: TARGETS AND GOALS. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/sr-10-04-2020-11.

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3

Koliesnіk, T. V. "Legal aspects of the medialability of labor disputes." In DEVELOPMENT TRENDS IN LEGAL SCIENCE AND EDUCATION OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-372-9-25.

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Zhang, Jiaqi. "Thoughts on Perfecting Labor Disputes Mediation System in China." In 2017 4th International Conference on Education, Management and Computing Technology (ICEMCT 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/icemct-17.2017.273.

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Kuznetsova, M. Yu, and V. V. Tkachenko. "The role of conciliation bodies in resolving collective labor disputes." In NEW APPROACHES AND CURRENT LEGAL RESEARCH. Baltija Publishing, 2022. http://dx.doi.org/10.30525/978-9934-26-263-0-23.

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Wang, Suzhou, and Yanhong Tu. "A New Perspective: The Framework of Trust Violation and Labor Disputes." In Proceedings of the Third International Conference on Economic and Business Management (FEBM 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/febm-18.2018.7.

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Petrova, Daniela. "MEDIATION IN RESOLVING LABOR DISPUTES IN EU MEMBER STATES. APPLICABILITY AND PERSPECTIVES IN CROSS-BORDER LABOR MEDIATIONINTERNATIONAL REGULATION OF MEDIATION IN THE EU." In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2022. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/mdps2022.20.

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In this report the author reviews the applicable legislation governing the institute of mediation in Bulgaria, summarizes the results of the review of the legislation in the EU member states regulating labor mediation. After a comparative and analytical review of the case law in the EU member states, it draws conclusions about the level of awareness of stakeholders about the possibility of using mediation in labor disputes. On this basis, he presents proposals for improvement to improve the promotion of the institute of mediation, and formulates proposals for changes in the legislation - delege ferenda.
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Yan, Wang, and Zhao Ruihan. "Research on the Influencing Factors of App Selection in College Students ‘ Labor Disputes." In 2021 International Conference on Social Development and Media Communication (SDMC 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220105.020.

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Tleukhabyl, Abaideldinov, Askarova Aliya, and Suleimenova Saule. "Possible Applications Of Judicial Precedent And Legal Consuetude In The Regulation Of Labor Disputes." In ICEEPSY 2016 International Conference on Education and Educational Conference. Cognitive-crcs, 2016. http://dx.doi.org/10.15405/epsbs.2016.11.54.

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Aleksandrov, Andrey. "FOR THE FAILED DIGITALIZATION OF THE EMPLOYMENT DOCUMENTATION AND THE JUSTICE ON LABOR DISPUTES AND THE DAMAGES SUFFERED BY THE SOCIETY FROM THIS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.338.

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Still slow and uncertain, but still tangible, our labor legislation is beginning to recognize the benefits of digitizing labor law documentation - speed, security, economy, etc. The most important step in this direction was the adoption of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file of the employee in 2018. However, are the administrative and judicial practice ready for such a "revolution"? From today's point of view, the possible conclusions do not seem promising.
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Звіти організацій з теми "Labor disputes"

1

Nguyen, Tu Phuong. Vietnam strikes out at labour disputes. East Asia Forum, April 2015. http://dx.doi.org/10.59425/eabc.1428660013.

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2

Walsh, Alex, and Ben Hassine. Mediation and Peacebuilding in Tunisia: Actors and Practice. Institute of Development Studies (IDS), April 2021. http://dx.doi.org/10.19088/k4d.2021.061.

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This Helpdesk Report is part mapping of the mediation and peacebuilding actors in Tunisia and part review of the available literature. There are a host of governmental and non-governmental organisations (NGOs) that are involved in the mediation of conflicts and peacebuilding, both in formal and informal ways. There is overlap in the principles and goals of peacebuilding and mediation; many organisations conduct both practices, intermingling them. Local, regional, national and international actors have applied mediation and peacebuilding to many different types of conflict in the past decade in Tunisia, involving varied parties. The case studies included in this rapid review cover conflicts relating to labour and the economy, the environment, basic services, constitutional/political disputes, and women’s rights. They involve local communities, the unemployed national and regional trade unions, civil society organisations (CSOs), national utility and mineral companies, and political parties.
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3

Walsh, Alex. The Contentious Politics of Tunisia’s Natural Resource Management and the Prospects of the Renewable Energy Transition. Institute of Development Studies (IDS), February 2021. http://dx.doi.org/10.19088/k4d.2021.048.

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For many decades in Tunisia, there has been a robust link between natural resource management and contentious national and local politics. These disputes manifest in the form of protests, sit-ins, the disruption of production and distribution and legal suits on the one hand, and corporate and government response using coercive and concessionary measures on the other. Residents of resource-rich areas and their allies protest the inequitable distribution of their local natural wealth and the degradation of their health, land, water, soil and air. They contest a dynamic that tends to bring greater benefit to Tunisia’s coastal metropolitan areas. Natural resource exploitation is also a source of livelihoods and the contentious politics around them have, at times, led to somewhat more equitable relationships. The most important actors in these contentious politics include citizens, activists, local NGOs, local and national government, international commercial interests, international NGOs and multilateral organisations. These politics fit into wider and very longstanding patterns of wealth distribution in Tunisia and were part of the popular alienation that drove the uprising of 2011. In many ways, the dynamic of the contentious politics is fundamentally unchanged since prior to the uprising and protests have taken place within the same month of writing of this paper. Looking onto this scene, commentators use the frame of margins versus centre (‘marginalization’), and also apply the lens of labour versus capital. If this latter lens is applied, not only is there continuity from prior to 2011, there is continuity with the colonial era when natural resource extraction was first industrialised and internationalised. In these ways, the management of Tunisia’s natural wealth is a significant part of the country’s serious political and economic challenges, making it a major factor in the street politics unfolding at the time of writing.
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Research Department - Population, Employment and Social Conditions - Department of Labour & National Service - Confidential Weekly Report of Industrial Disputes - January - April 1969. Reserve Bank of Australia, March 2023. http://dx.doi.org/10.47688/rba_archives_2006/17675.

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Research Department - Population, Employment and Social Conditions - Employment - Department of Labour & National Service - Confidential Weekly Report of Industrial Disputes - File 2 - July - December 1962. Reserve Bank of Australia, March 2023. http://dx.doi.org/10.47688/rba_archives_2006/17649.

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Research Department - Population, Employment and Social Conditions - Employment - Department of Labour & National Service - Confidential Weekly Report of Industrial Disputes - File 1 - January - June 1962. Reserve Bank of Australia, March 2023. http://dx.doi.org/10.47688/rba_archives_2006/17648.

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7

MIF Evaluation: Support of Private Participation in Infrastructure. Inter-American Development Bank, September 2003. http://dx.doi.org/10.18235/0010461.

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Анотація:
This report (MIF/GN-78-9) comprises the evaluation of MIF's projects supporting private participation in infrastructure performed by the Office of Evaluation and Oversight. The evaluation was initiated in 2002, covering four thematic groups of projects: Alternative Dispute Resolution (GN-78-2), Microfinance (GN-78-3), and Capital Markets & Financial Reform (GN-78-4). During 2003, as established in the program approved by the Donors Committee (GN-78-1), the project groups to be evaluated include the rest of the MIF thematic areas of intervention: (i) Private Provision of Infrastructure Services; (ii) Human Resources Development (including skills standards and labor market reforms); (iii) Business Development Services (including quality standards and promotion of trade and investment); (iv) Venture Capital Development; (v) Environment and Eco-Efficiency; and (vi) Promotion of Competition and Consumer Protection.
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